Raymond M. Weinstein As Adm'r of Estate of John Holub v Cadman Towers
Motion No: 2014-01218 KC
Slip Opinion No: 2014 NY Slip Op 76004(U)
Decided on June 20, 2014
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2014-1218 K C
Raymond M. Weinstein as the Administrator of the Estate of John Holub, Appellant, v Cadman Towers, Respondent.

Appeal from a decision of the Civil Court of the City of New York, Kings County, entered March 17, 2014.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as no appeal lies from a decision (CCA 1702; Farag v Farag, 4 AD3d 502 [2004]).

We note that, while the document appealed from is denominated a "decision/order," it is, in effect, only a decision, as a summary proceeding must conclude in a final judgment (see RPAPL 747).

ENTER:

Paul Kenny

Chief Clerk